I've been accepted into a nursing program and will start in December.
My problem is this-when I was 17, I got into a bit of trouble with the law (a petty retail theft and a disorderly conduct) My lawyer, the court, and a juvenile probation officer have all told me that my record is sealed, no one will ever know about any of this after I turned 18, and even on applications, etc., I could deny the existence of a criminal background.
During enrollment, my state criminal record check came back completely clean. (Pennsylvania) After seeing this, and following the advice of my lawyer, I told the school I had no criminal background.
Then, I came on this forum and read that the BON could see sealed records. After contacting the Bon and getting a completely unsatisfactory response, (they just said be honest on my application for a license) my head is spinning. I have no problem being honest with the Bon, or even with the school, I'm just afraid they will not allow me to go there, thinking I was lieing on my application?! I would have told them in the first place if I'd have known it would have come down to this.
So, Should I tell the school about this?! Can the school view applications sent to the Bon? Has anyone been in a situation similar to this?
Any input or advice would be SO greatly appreciated.
I agree: Check with your state's regulatory agency.
After posting on this thread earlier, I reconfirmed that my state does not expunge criminal records, regardless of the outcome; that all felony records remain public, regardless of your age; adult records are never "sealed," regardless of the offense; and that the BON asks RN applicants to state in writing whether they have ever been convicted of a crime "other than minor traffic violations." It does not distinguish between felony and misdemeanor, and even if your case is "filed" here (meaning a deferred disposition -- you stay out of trouble for one year and the charge is dismissed) that charge is still on your record. I wouldn't disclose anything without checking with an attorney first; still, the information is easily obtained by anyone who wants access to it.
What this article states, is the an expungement and deferred judication in California is virtually worthless, and California apparantly stands alone in this distinction according to the article.
Actually ... after doing a quick google search on this ... not really. California doesn't stand alone in requiring expungement disclosure. Some states do, some states don't, but it's not all that rare.
In Arizona, for example, the application says on page 12 that when you answer the question on convictions:
The fact that a conviction has been pardoned, expunged, dismissed, deferred, reclassified, redesignated or that your civil rights have been restored, does not mean that you answer this question "no." You would have to answer "yes" and give details on each conviction.
BTW ... the Arizona application also says you're guilty of fraud if you don't disclose it, and could be subject to criminal prosecution.
:typing
Ah, Arizona is different and this isn't like California at all.
Arizona doesn't have true expungement, Arizona only has deferred adjudication...similar in restoring your civil rights, but different in practice, deferred adjudication will 'set aside' the conviction but will not erase the arrest record.
This is also where Arizona BON would have a battle with another state if someone was convicted in another state, had their record expunged there and there was a court order to seal it...the Arizona BON, regardless of their policy, can't order another state to open it, and therefore a background would come back clear.
Arizona deferred adjudication does restore all of your civil rights.
By the way, I wasn't going by the California BON application, I read the penal code and researched sites that mentioned what showed up during a route background check.
Here is the kicker: If the court doesn't disclose it, the BON can't find it. That is where California is different, they don't remove it from your record, thereby, that is why it was considered worthless by the article.
Ah, Arizona is different and this isn't like California at all.
Arizona doesn't have true expungement, Arizona only has deferred adjudication...similar in restoring your civil rights, but different in practice, deferred adjudication will 'set aside' the conviction but will not erase the arrest record.
This is also where Arizona BON would have a battle with another state if someone was convicted in another state, had their record expunged there and there was a court order to seal it...the Arizona BON, regardless of their policy, can't order another state to open it, and therefore a background would come back clear.
Arizona deferred adjudication does restore all of your civil rights.
By the way, I wasn't going by the California BON application, I read the penal code and researched sites that mentioned what showed up during a route background check.
Here is the kicker: If the court doesn't disclose it, the BON can't find it. That is where California is different, they don't remove it from your record, thereby, that is why it was considered worthless by the article.
I don't see how this changes anything. Contrary to what you said earlier ... you still have to disclose the conviction. Before, you were telling people they didn't have to disclose anything in any state.
I just hope people contact their BON's. It's the only reliable source of information.
Specializes in Education, FP, LNC, Forensics, ED, OB.
Please, let's be careful here. Some posts are dangerously close to giving legal advice. To offer adivce of "just ignore the BON" or "don't worry about it, you don't have to disclose/report/answer yes, etc", is not in the best interest of the nurse.
Only the individual's BON can answer the questions regarding eligibility and criminal offenses. Many questionnaires/applications in many states read, "Have you ever been convicted.....including expunged offenses and/or deferred adjudications with or without a finding of guilt", then you must answer 'yes'.
So, to address the OPs concerns, you must seek answers from your individual state's BON.
BSNtobe2009
946 Posts
I'm curious as to what state you are living in.